Risks for the buyer when buying an apartment by inheritance

Buying an apartment by inheritance on the secondary market is an attractive and relatively inexpensive way to improve living conditions. However, the procedure has many essential details. It’s one thing to buy living space from the owner, who also previously purchased it, and another thing to buy from the heirs.

The second option seems safe at first glance. However, according to real estate experts and legal practitioners, it is considered risky. The possibility that a person may be left homeless cannot be ruled out.

This material provides information on how to protect yourself from troubles in the event of a transaction. The current legal instruments for solving problems when they arise are also identified.

Features of real estate inheritance

Inheritance of property is regulated by Chapter. 61-65 Civil Code of the Russian Federation. You can inherit real estate by law or by will. In the first case, there is a sequence of heirs:

1. First priority: children, parents, spouse of the testator (Article 1142 of the Civil Code of the Russian Federation).
2. Second: brothers, sisters (full and half-blood), grandmother, grandfather (Article 1143 of the Civil Code of the Russian Federation).
3. Third: aunts, uncles (Article 1144 of the Civil Code of the Russian Federation).

There are also successors in subsequent stages: great-grandmothers, great-grandfathers, children of nephews or cousins ​​(Article 1145 of the Civil Code of the Russian Federation).

The principle of distribution of heirs according to priority is very simple: the property is accepted by the first-order successors, it is distributed between them in equal shares. If there are none, the successors of the second, third or subsequent stages enter into the inheritance.

With a will everything is simpler. A person can indicate anyone in it, not necessarily a relative, and then the property will go to him. But there are people who are entitled to a mandatory share in the inheritance, even if a will is drawn up, and they do not appear in it (Article 1149 of the Civil Code of the Russian Federation). These include disabled or minor children, spouse or parents of the testator. They can receive at least half of the share that would be due to them by law.

This is where the danger lies: citizens who are entitled to a mandatory share can show up at any time.

There are other features of inheritance that need to be taken into account:

1. The testator has the right to impose a testamentary refusal on one or more legal successors (Article 1137 of the Civil Code of the Russian Federation). For example, write a will stipulating the right of another person to live in an apartment for life. The heir will become the owner, but he will be obliged to provide living space for the use of another person, and he will have to live with him. In the future, real estate can only be sold under the DCT with the right of lifelong residence, but some sellers are silent about this right.
2. The period for entering into inheritance is 6 months from the date of death of the testator, but can be extended if the heir proves that he did not know and could not know about the death of the testator, or there were good reasons for missing the specified period.
3. There may be several wills, but the last one has legal force.

Note! Both individuals and legal entities can be called upon to inherit (Article 1116 of the Civil Code of the Russian Federation).

Basics of inheritance law

The process of buying an apartment inherited is characterized by certain risks and problems that arise from them. You can protect yourself by studying the main nuances of inheritance:

• You can inherit the property of the deceased according to the legal or testamentary principle: In case of legal inheritance, the inheritance is divided equally within the priority order. There are 8 hereditary groups in total. If there are no representatives of the first category, then the turn moves to the second and so on.
• If the testator is against legal division, then he has the right to draw up an inheritance agreement, independently indicating the applicants. In the document, the owner of the property can prescribe certain shares for each heir or indicate a testamentary refusal, that is, certain conditions for receipt.

Priority of applicants

The succession queues in descending order (from 1 to 8) are as follows:

• First group: adopted or natural children;
• husband or wife;
• father mother;
• grandchildren, granddaughters, if there are no surviving children.

The common-law spouse is not an heir.

The exception is cases of confirmed dependency or a will written in the name of the husband or wife, however, relatives from the first priority group will still be able to claim their legal shares. There is also a ninth group, represented by the state. Such inheritance becomes relevant in the following cases:

• There is no will and persons representing categories 1-8.
• Heirs have no right to receive the property of the deceased.
• During the approved period, no one entered into inheritance rights.
• The applicants signed a waiver of the deceased's property.

Definition of the concept of “testamentary refusal”

The phrase “testamentary refusal” means the reluctance of the testator to transfer property to the heir without fulfilling certain conditions. For example, by his last will, the deceased citizen obliged the applicant for the inheritance to move another person into the transferred apartment. The heir's instructions must be followed if the person claiming the property of the deceased wishes to inherit. Otherwise, the property will go to the next in line applicant. The moment is regulated by Article 1137 of the Civil Code of the Russian Federation.

How do you enter into inheritance?

The short procedure for entering into inheritance looks like this:

1. The testator dies, certificates are issued.
2. The heir turns to the notary with an application for entry into the inheritance, a death certificate and documents confirming the relationship (in case of inheritance by law).
3. The notary accepts documents and, if necessary, requests additional information.
4. After six months, a certificate of inheritance is issued. With it, the assignee goes to Rosreestr and registers ownership of the apartment.

Six months are given just so that all the heirs have time to declare themselves. But this is not always the case, so buying an inherited apartment can be a risky proposition.

Title insurance when purchasing an apartment

Advance agreement for purchasing an apartment

Is it worth it or not to purchase inherited property?

The buyer makes a decision on real estate independently, depending on the characteristics and cost of the apartment. There are also risks that should not be forgotten.

First of all, you need to make sure that a certificate of inheritance has been issued for the apartment and new rights to it have been registered through Rosreestr. By the way, when there are several heirs, the question arises of acquiring only a share in the apartment. Not everyone decides to take such a step.

When the living space being sold was the subject of an inheritance under a will, it cannot be guaranteed that it will not be revoked. With this option, a real estate transaction is likely to be subsequently invalidated.

Therefore, inherited apartments have a special status on the secondary market. And in order to protect yourself, it is advisable to take precautions. Then scenarios for further developments of events are predicted.

Buying an apartment by inheritance: risks for the buyer

What are the risks when buying an apartment by inheritance:

1. The seller may not inform about the testamentary refusal, which is entrusted with granting the right of lifelong residence to another person in the apartment. The buyer will buy the property and will be its owner, but this person can show up at any time and live in the living space legally.
2. The seller may be recognized as an unworthy heir after the sale of the apartment.
3. People who are entitled to an obligatory share will appear.
4. Citizens who did not have time to enter into an inheritance may appear and file an application to restore the deadline.

Note: these risks are typical for real estate inherited less than three years before sale. Three years are indicated for a reason: this is the general limitation period, which begins to be calculated not from the moment of death of the testator, but from the moment when the plaintiff learned about his right to inheritance, provided that he had good reasons for missing the deadline, but they disappeared no more 6 months before going to court for restoration. Good reasons mean serious illness, illiteracy, helplessness and other factors related to the personality of the plaintiff. The maximum limitation period is 10 years from the date of death of the testator.

If more than three years have passed

If more than three years have passed since the registration of property rights on the basis of an inheritance certificate, the risks are reduced, but they still exist. It is unlikely that a person will appear who has the right to permanent residence in the apartment, but the sudden appearance of heirs who did not know about the inheritance is quite possible.

If the apartment was received by will

Before purchasing real estate, you need to clarify how it was received - by law or by will. In the latter case, there are also risks for the buyer. There may be other heirs who are entitled to a mandatory share. But here it all depends on how much time has passed since the registration of the seller’s property rights.

There are several other factors:

1. A will may be declared invalid if it can be proven that it was drawn up by an incompetent testator or under physical or psychological pressure.
2. It is possible for a stranger to live on the basis of a testamentary refusal, which is not always disclosed to buyers.

Lawyer's advice: when buying an inherited apartment or house, it is better to seek comprehensive support from a lawyer or realtor who can check the property for legal purity.

If the apartment was received through hereditary transmission

Inheritance transmission occurs if the successor dies after submitting documents for inheritance. Then the property passes to his heirs by law or will.

The risks here are the same as in other cases. The inheritance can be contested.

Schemes and tricks of apartment scammers

The Russian real estate market is replete with scammers. Almost every day new, increasingly sophisticated methods of deception appear. Moreover, it is possible to recognize the catch after months and even years.

As a result, the buyer is left without money and an apartment. Contacting the police does not always lead to a positive result, since attackers carefully prepare the crime. Therefore, if you have the slightest doubt, it is better to refuse the deal.

The advantageous location of the house and the price of the apartment should fade into the background. After all, in the end you can lose everything.

Basic tricks of scammers when selling:

• alienation from the tenant registered in the apartment;
• making a transaction by proxy;
• malicious agreement with one of the heirs;
• deception of the owner during his lifetime, with the aim of registering a will for the swindler.

These combinations are successfully used by attackers in practice. Achieving justice in court is difficult, and in some situations impossible. It makes sense to analyze each scheme in more detail.

Secret lodger

The gist in a nutshell is this. A person who has the right to lifelong use remains registered in the apartment being sold. There is a conspiracy between him and the seller.

After the purchase and sale agreement is concluded, the citizen refuses to vacate the premises. Such swindlers demand monetary compensation or the provision of other living space from the new owner, justifying this by the fact that they have nowhere to live.

When a new owner tries to evict a citizen by force, he goes to court. In the lawsuit, the fraudster asks that the transaction be declared invalid or seeks the right to reside in the apartment.

Yes, the court, when making a decision, will oblige the seller to return the money for the apartment. However, in practice, swindlers claim that they no longer exist, and at the stage of enforcement proceedings they seek gradual repayment of the debt. In turn, the collection process will last for decades.

Naturally, this is not beneficial for the buyer. According to the law, a person cannot be discharged from an apartment if he has a lifelong right to use it.

In order not to fall for the trick, before concluding the contract, you need to ask the heirs for a certificate of all persons registered in the apartment. If necessary, preliminarily set the condition that all persons who have the right to use the residential premises check out. Persuasion, wait, disagree.

Registration by power of attorney

There is a possible risk of collusion between the seller and the trustee. Here's what happens. The attacker uses a fake power of attorney under which the contract is concluded.

Then the owner appears and begins to say that he did not give anyone the authority to alienate. As a result, the agreement is declared invalid and the apartment is returned to the rightful owner.

A power of attorney for the sale of an apartment must be notarized; otherwise, the document is fictitious.

Claims can only be made against the “fake” seller. However, at that time his trace, naturally along with the money, was lost. Here is such a simple scheme.

Conspiracy of heirs

This option is mainly practiced with the participation of legal heirs. Most often they are children of the deceased from different marriages. Everything is quite simple.

One of the heirs turns to the notary with documents within 6 months, while the other temporarily remains in the shadows. Subsequently, the businessman files a claim to restore the period for entering into an inheritance and recognizing the right to part of the property. The statement is motivated by the fact that nothing was known about the death of the parent.

The result is a redistribution of inheritance. The consequence for the buyer is the loss of not only part of the home, but also the money paid.

Therefore, again, it is useful to find out how many relatives the deceased has left in the first line. This is easier for lawyers to do due to the powers they have.

Black realtors

Basically, swindlers “work” on wills, since it is possible to write any person into them, not necessarily a relative. Criminals are looking for their victims from among the elderly, disabled citizens, as well as people leading an antisocial lifestyle.

The first stage is gaining trust, in the form of symbolic financial assistance, providing care at the everyday level, and regular soldering of the property owner. Over time, the citizen is gently but persistently forced to write a will.

After its registration, criminals take measures to ensure death. Moreover, at first glance there may not be any signs of crime. The rest is a matter of technology - entering into an inheritance and selling the apartment.

The plans of the attackers are violated by the relatives of the deceased, who contact the prosecutor's office and, after initiating a criminal case, prove unlawful intent. Then, through the court, the will and the subsequent sale and purchase transaction are declared invalid.

Fraudulent schemes

Some of the situations presented below are difficult to call fraud from a legal point of view, but they can add problems to buyers:

1. The seller hides the legatee - a person who has the right to live in the inherited apartment on a permanent basis.
2. An agreement between an heir and another person entitled to an obligatory share. Taking advantage of the buyer’s ignorance of the laws, they can act like this: the legal successor inherits the apartment and sells it. Next, another heir is announced, who is entitled to the obligatory share, and applies for the restoration of the terms. In their opinion, the buyer must pay compensation for the share, but the law states otherwise: it is compensated by the heir.
3. Cancellation of power of attorney. The heir issues a notarized power of attorney for another person, then immediately revokes it. An authorized person sells an apartment on behalf of the principal, who then presents everything as if he is a victim of deception.

The most dangerous thing is a deal with a black realtor. He can force a person to draw up a will on him using criminal methods, and then kill the testator and sell the apartment. If the legal heirs show up and challenge the will along with the transaction, the buyer will be in an extremely unfavorable position and will lose the property.

How to purchase property safely?

The vast majority of transactions with inherited apartments are not fraught with pitfalls. It is the heirs to whom extremely expensive property has been transferred who often quite honestly and legally try to turn their property into money, using the proceeds for their own purposes (for example, an exchange with an additional payment, allowing them to increase their own living space).

However, the cost of a mistake is too high and the buyer risks hundreds of thousands and millions of rubles. Therefore, for the security of the transaction, the buyer urgently needs:

1. Be careful when completing documents.
2. Monitor compliance with deadlines.
3. Use the help of reliable specialists - realtors or lawyers involved in real estate matters (how to do without realtors?).

Finding a good specialist is also not easy, but here you can use information received from uninterested acquaintances or see how long a particular agency or law firm has been operating on the market. As a rule, the longer the period, the less likely it is that they will be incompetent or unscrupulous specialists.

Finally, the very fact that the buyer himself has found an assistant reduces the risk that he will be in collusion with the seller.

How to check heirs when buying an apartment?

The problem is that there is no way to check the inherited apartment when purchasing. You can only track the history of the transfer of ownership and refuse the transaction if the property was inherited less than 10 years ago - the safest period after which it will not be possible to challenge the transaction.

Legal advice: to minimize risks, it is advisable to have the DCP certified by a notary. he will check the legality of the transaction, and if there are problems with the documents or other heirs, he will refuse notarization. This is a reason for the buyer to refuse the deal.

Fraud

The most common crime in this area.

1. Forgery of a will. In order to verify its authenticity, it is enough to contact a notary with such a problem.
2. Another area is fake documents about certain transactions. The point is that before his death, the testator donated his apartment to a third party, who sold the apartment. Naturally, such a sale would be illegal.
3. Another fraud scheme is very similar to the previous option. In this case, shortly before death, a certain young man appears who takes care of the old man. In gratitude, he draws up a general power of attorney from the notary. After the death of the old man, on the basis of a power of attorney, the apartment is sold before the expiration of six months and the distribution of the inheritance in accordance with the requirements of the law. The fraudster disappears, and the illegally purchased apartment remains with the buyer, who will actually have to deal with the consequences. The acquisition will cost him a pretty penny. Moreover, if such a transaction is canceled, the money is unlikely to be returned, since the seller will probably be quite difficult to find.

In order to avoid getting into such situations, you need not only to be very careful, but also to know what and how to do in order to ensure that you can buy an apartment normally.

When can a purchase or sale not be challenged?

The buyer will not have to return the money for the apartment or pay part of the share to a sudden heir if he proves that he is a bona fide purchaser. This means a purchaser who did not know and could not know about possible heirs or illegal acquisition of real estate by the seller.

In addition, there is paragraph 42 of the Resolution of the Plenum of the RF Armed Forces dated May 29, 2012 No. 9, which often plays a decisive role in legal proceedings:

“If, when accepting an inheritance after the expiration of the established period in compliance with the rules of Article 1155 of the Civil Code of the Russian Federation, the return of the inherited property in kind is impossible due to the absence of the corresponding property from the heir who accepted the inheritance in a timely manner, regardless of the reasons why it was impossible to return it in kind, the heir, who accepted the inheritance after the expiration of the established period has the right only to monetary compensation for his share in the inheritance (when accepting the inheritance after the expiration of the established period with the consent of other heirs - unless otherwise provided by a written agreement between the heirs). In this case, the actual value of the inherited property is assessed at the time of its acquisition, that is, on the day the inheritance is opened (Article 1105 of the Civil Code of the Russian Federation).”

In other words, after the sale of an inherited apartment to a suddenly appearing heir, the seller, not the buyer, will compensate his share.

How is sales tax calculated?

If you sell a house that you have owned for less than 3 years, you will need to pay income tax. In 2021, this period applies to the following cases:

• the property is registered until 2021;
• real estate was inherited by will or as a gift;
• ownership is secured by a life annuity agreement;
• the property was registered after privatization.

In other cases, personal income tax is paid if the period of ownership of the real estate is less than 5 years. To avoid paying tax at all, the property must be owned for at least three years or, in some cases, five years.
The law states that the maximum amount from which tax deductions are not made is 1,000,000 rubles. That is, if the house is more expensive, then you will have to pay money.

Let's figure out how the tax is calculated when selling a house that has been owned for less than 3 years. The amount of 1 million rubles is not subject to taxation. Thus, if the property is more expensive, then 1 million is deducted from this cost. Let's say the house is valued at 4 million rubles: 4,000,000 - 1,000,000 = 3,000,000 rubles. This is the amount that is taxed.

In recent years, significant changes have been made to the Tax Code to prevent personal income tax evasion when official sales agreements establish an extremely low value, for example, less than 1 million rubles. According to them, 13% is calculated not from the amount for which the house was actually sold, but from 70% of its cadastral value, if the cadastral value exceeds the sale price.

Is it possible to reduce the amount of income tax? Yes, if you prove to the tax office that large sums of money were spent on this property before the sale. It can be:

1. Purchase expenses. Let's say you bought real estate, and six months later you decided to sell it. The amount of expenses is deducted from the amount of income. Confirmed by the purchase and sale agreement.
2. Repair expenses. Checks, receipts, agreements with construction companies are provided.
3. If the property was purchased with a mortgage - interest on the loan. Confirmed by the loan agreement.

If the real estate is in shared ownership, then each of the owners has the right to receive a benefit of 1,000,000 rubles. from the money from the sale, proportional to his share.

Should I buy an inherited apartment?

You can buy an apartment that was inherited, but after carefully weighing all the pros and cons of the transaction:

This is secondary housing, and it usually costs less than apartments in new buildings

If more than 10 years have passed since the seller accepted the inheritance, the risks for the buyer are reduced to zero

People are wary of buying inherited apartments, and sellers often reduce prices slightly

There is a possibility of challenging the transaction. The apartment and money will most likely not be taken away, but the courts will have to waste time and nerves

If the seller lowers the price too much, this is a reason to be wary: perhaps he wants to get rid of the property as quickly as possible to hide legal flaws

What is the tax on apartment sales in 2021

When selling an apartment, every citizen is obliged to pay personal income tax on the profit he received (clause 5, clause 1, article 208 of the Tax Code of the Russian Federation). Income is the difference between the amount that was initially spent on the purchase of real estate and the value received for its sale.

For example, a citizen bought an apartment in 2021 for 4 million rubles. In 2021, she sold it for 7 million rubles. The income from the transaction is 3 million rubles - it is from this amount that the seller is obliged to pay tax.

For property acquired before 2021 , the value of which cannot be determined, the sales tax is calculated as follows: a tax deduction in the amount of 1 million rubles .

The seller is exempt from the obligation to pay tax if the period of ownership of the property:

• 5 years - if the property was purchased from January 1, 2016;
• 3 years - if housing was purchased before 2016.

From 2021, these tenure periods apply to all taxpayers , including non-residents of the Russian Federation. If the property was owned for less than the established period, the tax rate will be 13% , regardless of residence. Previously, the tax rate for non-residents was 30%, regardless of the period of ownership of the property.

The tenure period is calculated according to the following rules:

1. If housing was purchased under a purchase and sale agreement or shared construction, it must be counted from the date of registration of ownership.
2. If the housing was received by inheritance, the tenure period begins from the date of opening of the inheritance (death of the testator).

If you sell an apartment before 3 years, what tax will they charge?

In the event that a property that has been owned for less than the period established by law is sold, the tax rate is 13% . It does not matter how the property was acquired.

For example, the apartment was purchased in 2021. Since the minimum tenure for real estate purchased after January 1, 2016 is 5 years, if the property is sold in 2021, the sales tax will be 13%.

If the property has been owned for more than 3 years , you do not need to pay personal income tax if:

• housing was donated by a close relative (parents, brothers, sister, grandparents);
• real estate was privatized;
• the property was inherited;
• The apartment was received under a maintenance agreement with a dependent.

How to protect yourself when buying an inherited apartment?

To minimize risks, it is important for the buyer to follow several rules:

1. Carefully study the documents and history of the transfer of ownership. Information can be requested from Rosreestr.
2. Indicate only the real cost in the DCP. The seller may ask to indicate a reduced price there in order to reduce the tax amount. But if the deal is challenged, the buyer will receive only what is specified in the contract.
3. Buy an apartment if it was inherited at least 7 years ago. The likelihood of heirs appearing remains, but at a low level. If 10 years have passed, they will not be able to challenge the deal.

Note! It is advisable to indicate in the DCT that all financial risks in the event of litigation when other heirs appear are borne by the seller. This is already defined by law, but it is better to reflect such a clause in the contract.

Children the testator did not know about

A common situation: a man and a woman lived together for some time and led a common life. The couple did not enter into an official marriage. After 2-3 years they separate, and the woman gives birth to a child. She writes a stranger on the birth certificate and does not inform the father about the birth of the baby. After the death of the biological father, the child declares his rights to the inheritance. And here there are two possible developments in the plot: either the court meets the plaintiff halfway or refuses, since there is neither a marriage certificate nor documentary evidence that the testator is the father of the applicant for the inheritance.

According to the law, an illegitimate child can receive an inheritance, but for this it is necessary to prove a relationship with the testator. This depends on several factors. If a man lived with the heir's mother before his birth, this must be proven. Moreover, it is necessary to prove not just cohabitation, but also maintaining a common household. For example, if a couple moved in together from 1979 to 1983, and the child was born after 1983, then a DNA test will be sufficient to confirm paternity. Based on genetic testing, you can change the data on the birth certificate and receive a document that confirms your relationship with the deceased testator.

The stepfather, who is recorded in the children's documents, can prevent the child from inheriting. This is especially important if an official adoption procedure has been carried out. Experts do not recommend that relatives interfere with the genetic test, because the court may regard this as recognition of the heir.

Buying an apartment after inheritance: step-by-step instructions

The purchase and sale of inherited real estate consists of several stages:

1. Obtaining a certificate of inheritance and registering the seller's ownership.
2. Search for a buyer, discussion of the terms of the transaction.
3. Conclusion of the contract, receipt of the deposit.
4. Submission of documents for re-registration of ownership in Rosreestr, possibly through the MFC.
5. Receipt of the final set of documents. It will be issued after 7 working days if the application was submitted to Rosreestr, and after 9 working days if applied through the MFC.

If the DCT is certified by a notary, he independently submits documents for registration; no fee is charged for this (except for the state fee). The registration period is reduced to three working days.

Contents and sample agreement

The DCT of the inherited apartment must include information about the parties to the transaction and other items:

1. The document on the basis of which property rights are registered - a certificate of inheritance.
2. Date of registration of the seller's ownership.
3. Information about the property: address, area, number of rooms, cadastral number.
4. A reference to the fact that the transaction does not violate the rights of third parties, and if they make claims, the seller bears responsibility.
5. A guarantee that the property is not encumbered.
6. Responsibility, rights and obligations of the parties.
7. Cost, payment methods and procedure.
8. Date of preparation and signature of the parties to the transaction.

Sample contract

Documentation

For the transaction, the seller must prepare:

• certificate of inheritance;
• extract from the Unified State Register of Real Estate;
• registration certificate;
• certificate of absence of debts for housing and communal services;
• extract from the house register.

The buyer will only need a passport.

These documents are submitted to Rosreestr along with the DCP in three copies, except for an extract from the house register and a certificate from the housing and communal services.

Expenses

The buyer pays a state fee for re-registration of ownership - 2,000 rubles. If the contract is certified by a notary, and certification is required by law, a state duty is paid for this in the amount of 0.5% of the transaction amount, but not more than 20,000 and not less than 300 rubles.

Note: notarization is required if the property of a child or incapacitated person is sold, or a share in the right of ownership to a stranger who is not the owner of the other share.

If the parties turn to a notary at their own request, instead of a fee, a tariff is paid in accordance with Art. 22.1 “Fundamentals of legislation on notaries”:

Recommendations for making secure transactions

The law protects the rights of bona fide buyers. If the transaction was carried out for consideration and there is evidence that the seller has the authority to alienate the inheritance, then even in court the property will not be taken away. The court will oblige the heir to independently pay compensation to other “suddenly appearing” heirs. To acquire the status of a “bona fide buyer” you must follow the generally accepted step-by-step instructions:

• Request from the owner of the property documents confirming the legality of the transaction and the veracity of the information provided: identification card;
• title documents;
• certificates of payment for utility bills;
• house book;
• certificate from the unified state register of real estate.

If the transaction is carried out through a proxy, then you need to contact the owner of the property. Then review the power of attorney to ensure its authenticity. If the heir does not want to get in touch, you should refuse the deal. It is safe to transfer money to the seller in only 2 ways:

Despite the measures taken, it is impossible to protect yourself 100%. The above instructions will help you obtain the status of a “bona fide buyer” and avoid many disputes, but there is always the possibility of stumbling upon a scammer. Lawyers advise drawing up documents at a notary office. A specialist will be able to suggest how best to draw up an agreement and determine the authenticity of the title documents provided by the seller. Notary services are paid. The price depends on the amount of work.

Lawyer's answers to private questions

What is more risky for the buyer: buying an apartment received by the seller by law or by will?

In the first case, legal heirs may appear who missed the deadline for accepting the inheritance. In the second - people who are entitled to a mandatory share, and who also missed the deadline. The risks are approximately the same everywhere.

What are the risks when purchasing an inherited share of ownership?

The buyer risks only if the seller has not provided the pre-emptive right to purchase to the remaining share owners (Article 250 of the Civil Code of the Russian Federation). But then the notary will refuse to certify the DCT, and Rosreestr will not accept the agreement without his signature and seal.

How to prove to the acquirer that he is in good faith?

It all depends on the specific situation. The courts are examining whether the buyer could have found out about the right of third parties to the apartment, whether he knew about it. But in most cases, they are still recognized as bona fide, and compensation is paid by the heirs-sellers.

Do I need my wife's consent to sell real estate that I inherited during marriage?

No. According to Art. 35 of the RF IC, such real estate is considered the personal property of the heir-spouse. Notarial consent is required only for the disposal of a shared apartment.

Can a buyer protect himself from loss of ownership of an apartment inherited by the seller?

Yes, for this it is enough to issue a title insurance contract. Such insurance precisely protects against the risk of loss of property rights, and is usually issued for the statute of limitations for challenging the transaction. But if the risks are minimal, it is not always advisable to buy it.

Power of attorney and risks

Buying an apartment received as an inheritance, what you should know when buying an apartment by proxy. The Civil Code provides for the possibility of making a transaction personally or through a proxy. To do this, the citizen must provide a civil passport and a power of attorney certified by a notary.

Another option for concluding a deal is possible. If the residential premises are in shared ownership, then the owners of the shares can issue a power of attorney for one of them.

To reduce risks when making a transaction, it is advisable to meet the owners personally. To do this, it is enough for all owners of the living space to be present when concluding the contract and when transferring the documentation to Rosreestr.

The owner's refusal to have all owners present when signing the contract may be a warning sign. One of the owners may be sick with alcoholism, drug addiction, misled, or in prison. To avoid complications, it is advisable to refuse to enter into such a transaction.

In addition, the principal has the right to unilaterally revoke the document. If the power of attorney was valid on the day the deposit was received, but ceased to be valid after a couple of days, the buyer will have to look for his funds from an outsider. In this case, the possibility of returning the deposit is minimal.

Important! The purchase of an inherited apartment is carried out only personally from the owner. The participation of a trusted person, especially in financial matters, must be excluded.

Taxes

If you sell an apartment within 3 years from the date of inheritance, you must pay income tax. To reduce the payment amount, you can apply a standard deduction in the amount of RUB 1,000,000 to the tax base.

The interest rate varies for the following persons:

• tax residents;
• tax non-residents.

A resident pays 13% of the cost of the apartment, in addition to the standard deduction, and a non-resident pays 30%.

Important! The law does not establish income tax benefits for certain categories of citizens. The payment is calculated for all heirs in the same manner.

Sale of property less than 3 years owned: tax fee

According to current changes in the Tax Code of the Russian Federation from January 2021, owners are required to pay tax when selling property that has been owned for at least five years.

Previously acquired property (before the amendments to the Tax Code came into force) is subject to tax upon sale only for three years.

The tax aspect is very important not only for sellers, but also for buyers, since such a transaction will be fraught with certain difficulties.

Tax deduction:

• If the owner of property put up for sale and owned for less than three years received real estate under a gratuitous agreement (for example, inheritance, gift, privatized housing), then he has the legal right to a deduction in the amount of 1 million rubles.
• The tax deduction for those who registered ownership more than three years ago is equal to the value of the property being sold.

The danger of acquiring real estate owned for up to three (and according to the latest data up to five) years is that unscrupulous sellers, after receiving a tax deduction, try to cancel the transaction. Let's look at the most common fraud schemes and ways to avoid unforeseen situations.

Do I need my spouse's consent?

Inherited or donated property (apartment/house) is the property of the recipient. It refers to the personal property of the spouse.

Consequently, the consent of the second spouse to complete the purchase and sale transaction of the apartment is not required.

An exception is the situation when a married couple has drawn up a prenuptial agreement or an agreement on the allocation of shares in the joint property of the spouses. The parties may voluntarily provide for any partition option. Including transferring part of the rights to inherited property.